Irregular postings: High Court imposes cost of Rs 50,000 on CDB
KOCHI: The Kerala High Court has imposed a cost of `50,000 on the Cochin Devaswom Board (CDB) for irregular appointment of five persons as assistant engineers in the board. The court directed the Board to pay `50,000 as costs to the Kerala Mediation and Conciliation Centre and to recover the amount from the members of the Board who had adopted the resolution for making the appointments.The court observed though their appointments may not have been done in the manner stipulated in law, they could not be construed to be illegal.
The appointments of these engineers could be termed being only irregular and not really illegal.The court felt the appointments should not be disturbed as these engineers had been continuing in service for the past more than 12 years uninterruptedly and no issues or concerns or complaints had been raised against them over their performance till now. The Bench also said it was not oblivious to the allegation that all these persons are related directly or indirectly to the present and past chairpersons and office-bearers of the CDB. Imposing the cost, the court observed the Bench cannot treat the board’s action lightly since any such indulgence from the court at this time would be used as a licence for the Boards at present and in future to indulge in such activities with perceived impunity. “We are convinced that the time is now overdue to caution them against any such misadventures in future,” the Bench said.
The court issued the order while disposing of the petitions against the regularisation of the appointment. Five persons had been appointed as Assistant Engineers on contract basis for a period of one year. Later, it was regularised. However, the court declined to interfere in the appointments.